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PAPPAS v. B & G HOLDING CO.

Index No. 35136/20. Appeal No. 16287. Case No. 2021-04073.

208 A.D.3d 1105 (2022)

175 N.Y.S.3d 48

2022 NY Slip Op 05280

Dean George Pappas, as Executor of the Estate of William Egan, Deceased, et al., Appellants, v. B & G Holding Co., Doing Business as B & G Holding Company et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided September 27, 2022.

Attorney(s) appearing for the Case

Ahearne Law Firm, PLLC, Warwick ( Allan J. Ahearne, Jr. of counsel), for appellants.

Piana & Gioe, LLC, Hauppauge ( Jack Piana of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Kapnick, Friedman, Scarpulla, Mendez, JJ.

The first cause of action to wind up B & G was properly dismissed. "[O]n the death of a partner, the surviving partners have the exclusive right to wind up the affairs of the partnership; the representative of the deceased partner does not have any right to participate" (Gross v Neiman, 147 A.D.3d 505, 506 [1st Dept 2017] [citation omitted]).

However, the second cause of action for an accounting should not have been dismissed...

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